EPIC Domestic Surveillance Project

The Domestic Surveillance Project focuses on the privacy and civil liberties implications of emerging technologies used to conduct domestic surveillance. The project focuses on technologies that can be used in public surveillance of the masses, including drones, biometrics (e.g. facial recognition), and license plate readers. The Project also focuses on the privacy and civil liberties implications of surveillance conducted in the name of cybersecurity and the use of opaque algorithms to determine who is a National Security threats.

EPIC's Domestic Surveillance Project educates the public and policymakers through the documents we obtains through FOIA litigation. EPIC's Spotlight on Surveillance highlights specific surveillance issues providing in-depth information on surveillance technology, the privacy and civil liberties implications, and recommendations for mitigating the risks. Moving forward, the Domestic Surveillance Project will focus on the surveillance conducted by agencies like the FBI and DHS in the name of National Security.

EPIC Sues Justices Dept. for Reports on Cell Phone Tracking: EPIC has filed a Freedom of Information Act Carhartt Tanned Bison Dark Oil Men's rwXaqr against the Department of Justice for the release of reports on the collection and use of cell site location information. Modern cell phones generate precise location records, known as “cell site location information,” that was often accessible to law enforcement agencies. However, the Department of Justice has never produced any comprehensive reports concerning the use of cell site data. In Carpenter v. United States, the Supreme Court held that the Fourth Amendment protects location records generated and that the “police must get a warrant when collecting” cell site location information. In the complaint, EPIC stated that it “seeks to determine the use, effectiveness, cost, and necessity in the collection and use of cell site location information so that the public, lawmakers, and the courts may have a better understanding of the use of this investigative technique.” The case is EPIC v. DOJ, No. 18-1814 (D.D.C. filed August 1, 2018). (Aug. 2, 2018)

In a companion case to
EPIC v. FAA, the D.C. Circuit
ruled in Taylor v. FAA that the
regulations for drones operated by hobbyists are within the agency's statutory authority. The D.C. Circuit previously
ruled that EPIC lacked standing to compel the FAA to establish privacy rules for commercial drones. The D.C. Circuit declined to reach the merits of EPIC's challenge. The FAA is
expected to issue rules later this year that will require drones to identify themselves with radio beacons, as EPIC had previously
urged.
(Jul. 13, 2018)

In advance of a
hearing on “Bolstering Data Privacy and Mobile Security” EPIC has
told the House Science Committee that Congress should apply a heightened “super warrant” standard to "StingRays,” a technique for tracking cell phones users. After an EPIC FOIA
lawsuit revealed that the FBI was using stingrays without a warrant, the Bureau changed its practices. EPIC filed amicus briefs in
U.S. v. Jones and
Carpenter v. U.S., two recent Supreme Court cases, arguing that a warrant is required to obtain location information. In a landmark
ruling last week, the Supreme Court held that the Fourth Amendment protects location records generated by mobile phones. As a consequence, EPIC said, Congress should update federal privacy law.
(Jun. 27, 2018)

The D.C. Circuit
ruled today in
EPIC v. FAA that EPIC lacked standing to compel the FAA to establish privacy rules for commercial drones. In 2012 EPIC, backed by more than one hundred organizations and privacy experts,
petitioned the agency to establish privacy safeguards for drones. EPIC also cited a 2012
law requiring the FAA to develop a
"comprehensive plan" for drone deployment. EPIC subsequently filed
suit against the FAA, challenging the 2016 rule authorizing commercial drone operations without any privacy safeguards. Today the D.C. Circuit declined to reach the merits of EPIC's challenge, finding that neither EPIC nor its members had established an "injury" caused by the FAA rule. EPIC will continue to push for the establishment of drone privacy safeguards at the FAA. The drone privacy case is
EPIC v. FAA, No. 16-1297 (D.C. Cir.).
(Jun. 19, 2018)

As the Senate Commitee on Homeland Security and Government Affairs considers
S. 2836, the Preventing Emerging Threats Act of 2018: Countering Malicious Drones, EPIC has sent a
statement to the Committee urging that action on the bill be suspended until DHS and other federal agencies establish and publish drone privacy procedures as required by a
2015 Presidential Memorandum. EPIC has brought a series of open government cases against the DHS and the Department of Defense to determine the use of drones by the federal government in the United States. EPIC's
cases have determined that drones operated by the DHS intercept private communications, conduct human identification at a distance, and may include military payloads.
(Jun. 13, 2018)

EPIC and a coalition of twenty organizations
called for the Department of Justice Inspector General to investigate the FBI's
"grossly inflated" statistic of encrypted devices inaccessible to law enforcement in 2017. The Washington Post
reported that the FBI repeatedly stated it was locked out of 7,800 devices, but subsequent review suggested the actual number is about 1,200. The coalition wrote to the IG asking him to investigate the error, why DOJ officials used the data point after it was discovered to be incorrect, and what measures were taken to inform Congress and the public of the FBI's miscalculation. EPIC President Marc Rotenberg previously
told POLITICO that the revelation was "a very serious matter" that "calls into question" the FBI's other statements about "the scope of electronic surveillance in the United States."
(Jun. 5, 2018)

In 2011, EPIC uncovered the
first government program to monitor social media. EPIC v. DHS revealed that a government agency was tracking posts on social media to identify critics of government. Today EPIC released a new
report on the recent developments in government media monitoring. The report follows a
case filed by EPIC this week concerning a new DHS program for "Media Monitoring Services." The report explores different media monitoring systems and points to the absence of effective controls. EPIC's Spotlight on Surveillance also highlights the privacy and civil liberties risks, including chilling free speech, discrimination, unreliability, and misattribution. EPIC's
Spotlight on Surveillance project explores the privacy and civil liberties implications of surveillance programs in the United States. EPIC has previously released reports on
drones, the
FBI's Next Generation Identification program, and
"enhanced" driver's licenses.
(Jun. 1, 2018)

EPIC and a coalition of privacy and civil liberties groups
urged the Office of the Director of National Intelligence to abide by the transparency requirements of the
USA FREEDOM Act. The Act ended the NSA's bulk collection of domestic call detail information. The Act also requires the public reporting of the number of unique identifiers gathered under the
Foreign Intelligence Surveillance Act. A related
letter to the House Judiciary Committee urged the Committee to oversee the reporting requirement. In 2012, EPIC
testified before Congress on the need for better reporting on the use of FISA authorities. Several of EPIC's recommendations were incorporated in the USA FREEDOM Act.
(May. 31, 2018)

EPIC, the Brennan Center and 55 privacy, civil liberties, and civil rights organizations
submitted comments opposing the State Department's plan to collect social media identifiers from individuals applying for visas. The coalition warned that the proposal would "undermine First Amendment rights of speech, expression, and association."
Social media monitoring raises serious privacy and civil liberties issues. EPIC previously
opposed the State Department's expansion of social media collection as well as a
similar proposal by the Department of Homeland Security. In
EPIC v. DHS, a 2011 Freedom of Information Act case, EPIC uncovered the first agency plan to monitor social media.
(May. 30, 2018)

According to the Office of Director National Intelligence
2017 report, the number of
Foreign Intelligence Surveillance Act orders to collect call records more than tripled last year, from 151 million records in 2016 to 534 million in 2017. In 2012, EPIC
testified before Congress on the need for more public reporting concerning the use of FISA authorities. Several of EPIC's recommendations, including better reporting on government surveillance activities, were incorporated in the
USA FREEDOM Act.
(May. 7, 2018)

In advance of a Senate
hearing "Keeping Pace with Innovation - Update on the Safe Integration of Unmanned Aircraft Systems into the Airspace," EPIC submitted a
statement to inform the committee of EPIC's ongoing work to establish transparency and oversight for the use of unmanned aircraft in the United States. EPIC believes that strong
drone privacy
rules are vital for the safe integration of commercial drones in the National Air Space. EPIC is now proceeding in the
U.S. Court of Appeals of the D.C. Circuit against the FAA for the agency's failure to establish drone privacy safeguards. EPIC has also filed
suit to enforce the transparency obligations of the Drone Advisory Committee, a body created by the FAA to study and make recommendations on U.S. drone policy. EPIC has also pursued
severalopen governmentmatters regarding the FAA's decision making process, which appears intended to purposefully avoid the development of meaningful privacy safeguards.
(May. 7, 2018)

In a
letter to Axon's Artificial Intelligence Ethics Board, EPIC and a coalition of civil rights and civil liberties groups called upon the Board to prevent
Axon, the largest provider of
police body cameras, from implementing real-time facial recognition. The letter states that "real-time facial recognition would chill the constitutional freedoms of speech and association." In 2015, EPIC
forewarned that body cameras implemented for police accountability "could easily become a system of mass surveillance." EPIC also highlighted at the time that "the benefits of body cameras as a tool of police accountability have not been established." Last year, the largest
study to date of police body cameras concluded that the cameras had no impact on police use of force and civilian complaints.
(Apr. 26, 2018)

EPIC has
filed suit to enforce the open government obligations of the
Drone Advisory Committee, an industry-dominated committee that advises the Federal Aviation Administration on U.S. drone policy. For over a year, the Committee has conducted much of its work
in secret and ignored the privacy risks posed by the deployment of drones, even after the Committee identified
privacy as a top public concern. EPIC's lawsuit would force the Committee to disclose its work to the public. EPIC has a
long history of promoting
government transparency. EPIC's case to establish drone privacy regulations,
EPIC v. FAA, No. 16-1297, is pending before the D.C. Circuit Court of Appeals.
(Apr. 12, 2018)

In a
Federal Register notice released today, the State Department is proposing that all visa applicants submit social media identifiers to the federal government. EPIC
previously opposed the agency’s
plan, warning that "this proposal leaves the door open for abuse, mission creep, and the disproportionate targeting of Muslim and Arab Americans." Earlier this year, EPIC and a broad coalition of civil rights organizations submitted a Freedom of Information Act
request seeking details of the Trump Administration’s “extreme vetting” initiative, including the collection and use of social media information.
(Mar. 30, 2018)

Through a
Freedom of Information Act request, EPIC has obtained the FBI’s “
Policy for Biometric Information Sharing with Domestic and International Agencies.” The
documents EPIC obtained also contain details of the United States’ agreement with Iraq to exchange biometric data, including to not subject the information to any dissemination restrictions of the US or Iraq. The FBI maintains one of the world's largest biometric databases, known as the
"Next Generation Identification” system, which includes facial IDs gathered from international conflicts. In 2007, EPIC, Privacy International, and Human Rights Watch
warned the Secretary of Defense that the “
system of biometric identification contravene international privacy standards and could lead to further reprisals and killings.” EPIC
noted in 2010 "President Obama’s address on the end of the combat mission in Iraq has left open the question of what will happen to the massive biometric databases on Iraqis, assembled by the United States, during the course of the conflict."
(Mar. 22, 2018)

The
Secure and Succeed Act (S. Amdt. 1959 to H.R. 2579), sponsored by several Republican Senators, would link DACA with hi-tech border surveillance. Customs and Border Protection would use facial recognition and other
biometric technologies to inspect travelers, both US citizens and non-citizens, at airports. The bill also establishes "Operation Phalanx" that instructs the Department of Defense—a military agency—to use
drones for domestic surveillance. EPIC has pursued many FOIA cases on border surveillance involving
biometrics,
drones, and
airport body scanners, In a
statement to Congress, EPIC warned that "many of the techniques that are proposed to enhance border surveillance have direct implications for the privacy of American citizens."
(Feb. 21, 2018)

EPIC and other leading open government organizations
urged Congress to promote transparency and accountability of the Intelligence agencies. The groups called for the release of annual public reports, all significant opinions by the Foreign Intelligence Surveillance Court, and an accounting on the number of Americans subject tp foreign intelligence surveillance. EPIC previously
called on lawmakers to require federal agencies to obtain a warrant before searching information about Americans in foreign intelligence databases. Through a
Freedom of Information Act lawsuit, EPIC obtained a
report detailing the FBI's failure to follow procedures regarding the use of foreign intelligence data for a domestic criminal investigation. EPIC has also
testified in Congress on reforms to the
Foreign Intelligence Surveillance Act.
(Feb. 9, 2018)

The U.S. Court of Appeals for the D.C. Circuit will hear arguments this week in
EPIC v. FAA, a
lawsuit concerning the FAA's failure to establish privacy rules for commercial drones. EPIC's case is based on an
Act of Congress requiring a
"comprehensive plan" for drone deployment in the United States and a
petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. As EPIC
argued in a brief to the Court, "It is not possible to address the hazards associated with drone operations without addressing privacy in the final rule for small commercial drones." Arguments will be
held Thursday morning at the American University Washington College of Law. EPIC Senior Counsel Alan Butler will argue the case. EPIC's case is
EPIC v. FAA, No. 16-1297 (D.C. Cir.).
(Jan. 24, 2018)

As the result of a Freedom of Information Act lawsuit
EPIC v. NSD, EPIC has obtained a
report from the Department of Justice National Security Division detailing the FBI's use of foreign intelligence data for a domestic criminal investigation. Section 702 of the
Foreign Intelligence Surveillance Act authorizes the surveillance of foreigners located abroad. However, the FBI can also
use this data to investigate Americans. The report obtained by EPIC also shows that the FBI analyst failed to follow internal guidance to notify superiors of the search, raising questions about whether the FBI is accurately
reporting these searches. The
USA Rights Act, now pending in Congress, would require a federal agency to obtain a warrant to search foreign surveillance data for information on Americans.
(Jan. 9, 2018)

Through a Freedom of Information Act
request, EPIC has obtained former Secretary of Homeland Security John Kelly's
notes for an
interview with NPR about border security. The notes include talking points about southwest border security and the construction of the southwest border wall. During the interview, Mr. Kelly also described DHS's plans to increase vetting of immigrants and coordination with the White House, despite the fact these issues were not included in the talking points. EPIC previously
warned the House Oversight Committee that enhanced surveillance at the border will impact the rights of U.S. citizens. As a result of an earlier
FOIA lawsuit, EPIC found that the Customs and Borders Protection is already
deploying drones with facial recognition technology near the border.
(Jan. 8, 2018)

A
federal advisory panel has issued a
report with recommendations for the remote tracking and identification of drones. The FAA advisory report also
said the "FAA must review privacy considerations, in consultation with privacy experts and other Federal agencies, including developing a secure system that allows for segmented access to the ID and tracking information." EPIC backed remote identification and tracking of drones in
comments on the agency's drone registration rule. EPIC also recommended privacy protections for the personal data collected for hobbyist drone users, though EPIC's recommendations go beyond the proposals contained in the advisory panel report. EPIC is currently challenging the FAA's failure to establish privacy safeguards.
EPIC v. FAA is before the D.C. Circuit Court of Appeals, with oral arguments scheduled for January 25, 2018.
(Dec. 20, 2017)

A
defense authorization bill signed by the President today restores the FAA's
drone registration requirement. The registration requirement was
struck down by a federal appeals court earlier this year. EPIC supports registration for commercial drones because of the unique privacy risks they pose. In 2015, EPIC submitted
extensive comments to the FAA, proposing that commercial drones also routinely broadcast location, course, speed over ground, as well as owner identifying information, similar to the Automated Identification System for commercial vessels. Earlier this year, EPIC also submitted statements to the
House Transportation Committee and the
Senate Commerce Committee emphasizing the privacy risks of commercial drones. EPIC is currently challenging the FAA's failure to establish privacy safeguards.
EPIC v. FAA is before the D.C. Circuit Court of Appeals, with oral arguments scheduled for January 25, 2018.
(Dec. 12, 2017)

In the case of
Antović and Mirković v. Montenegro, the European Court of Human Rights held that camera surveillance in lecture halls at the University of Montenegro's School of Mathematics violated
Article 8 of the European Convention on Human Rights (the right to respect one's "private and family life"). The decision follows
earlier cases of the Court which recognize privacy rights in the workplace. Some U.S. law schools have
deemed all classrooms and meetings rooms as "recordable spaces" and state that voluntary participation therefore constitutes a waiver of legal claims. EPIC has protected the human right to privacy through
third-party intervention in the European Court of Human Rights as well as documented the
spread of CCTV surveillance technology across American cities.
EPIC's Privacy Law Sourcebook provides background on US and international privacy law. The
Privacy Law and Society website provides more information about international privacy law.
(Nov. 29, 2017)

EPIC sent a
statement to a House Committee on Transportation ahead of a
hearing on drone deployment in the United States. EPIC said that "privacy rules and identification requirements" are vital for the safe integration of commercial drones in the national air space. EPIC explained that the FAA has failed to establish necessary safeguards and has purposefully ignored privacy and public safety risks. In 2015, EPIC
sued the FAA, arguing that the agency failed to comply with a
Congressional mandate and a
petition from leading experts. EPIC also told Congress that the FAA has
excluded privacy experts from the agency task force on drone policy. In October 2017, CNN reported the
first drone strike on a commercial aircraft.
(Nov. 28, 2017)

A
defense authorization bill released today in the House would restore an FAA drone regulation that was
struck down by a federal appeals court earlier this year. The D.C. Circuit had previously
ruled that a regulation requiring hobbyists to register their drones violated the FAA Modernization Act, which forbids regulations for "model aircraft." EPIC strongly supports registration for commercial drones but recognizes an exception for hobbyists. EPIC submitted statements to the
House Transportation Committee and the
Senate Commerce Committee earlier this year emphasizing the unique privacy risks of commercial drones. EPIC is currently challenging the FAA's failure to protect the public from aerial surveillance by commercial drones in federal court.
EPIC v. FAA is currently before the D.C. Circuit Court of Appeals, with oral arguments scheduled for January 25, 2018.
(Nov. 9, 2017)

Eleven senators introduced bipartisan
legislation to reauthorize the
Foreign Intelligence Surveillance Act with significant new civil liberties protections. Among other reforms, the USA Rights Act
codifies the
ban on collecting "about" communications, prohibits collection of domestic communications, expands the powers of the Civil Liberties Oversight Board, and requires independent amicus review during the
FISC's annual authorization. The bill does not establish
certain protections sought by Europeans during the recent
Privacy Shield review. Senate Intelligence Committee Chair Richard Burr
bill would expand 702 surveillance authorities. EPIC and a coalition of organizations recently
urged the markup hearing on the proposal be opened to the public.
(Oct. 24, 2017)

In the largest study to date of
police body cameras, a
new report concluded that the cameras had no impact on police use of force and civilian complaints. The report is a result of a
project in Washington, D.C. to assess the benefits of the body cameras worn by the Metropolitan Police Department. EPIC previously
testified before the D.C. City Council, warning of the risks of mass public surveillance and arguing that police body cameras were "an intrusive and ineffective technology that does not address underlying problems with police accountability."
(Oct. 20, 2017)

EPIC and a coalition of over 50 organizations
called on lawmakers to require federal agencies to obtain a probable cause warrant before searching foreign intelligence databases for information about U.S. citizens and residents. Section 702 of the
Foreign Intelligence Surveillance Act allows agencies - without a warrant and in a broad range of circumstances - to search for information about Americans among communications collected for foreign intelligence purposes. In a letter to leaders of the House Judiciary Committee, the groups explained that this practice "undermine[s] constitutional protections create an unacceptable loophole to access Americans' communications in criminal and foreign intelligence investigations alike." EPIC and a coalition also recently
urged Director of National Intelligence Dan Coates to uphold a promise to give a public estimate of how many Americans are caught up in NSA surveillance of foreign targets. EPIC is currently pursuing a Freedom of Information Act
request for a government report to the
Foreign Intelligence Surveillance Court about FBI search of Section 702 data for domestic criminal investigations.
(Oct. 3, 2017)

EPIC has
filed a
FOIA lawsuit against Customs and Border Protection for information about the agency’s deployment of a
biometric entry/exit tracking system, including at US airports. Trump's recent
Executive Order regarding immigration ordered the expedited implementation of a biometric entry/exit tracking system, which will include U.S. citizens. Biometric techniques, including facial recognition,
lack proper privacy safeguards. EPIC previously
sued the FBI over the Bureau’s
Next Generation Identification database, which contains face prints, fingerprints, and other biometrics of millions of Americans. EPIC's lawsuit against the FBI revealed that biometric identification is often inaccurate.
(Jul. 20, 2017)

In a
statement to Congress, EPIC told members of the Senate Judiciary Committee to press the
nominee for FBI Director, Christopher Wray, on his views of FBI databases and domestic surveillance programs. EPIC again expressed concern about the size and scope of the FBI's
Next Generation Identification system which stores personal and biometric information on millions of individuals. EPIC also expressed concern over the FBI's failure to issue timely
privacy impact assessments, lack of transparency on
drone use, and plans to
monitor social media. EPIC urged the Committee to obtain the nominee's views on these matters and to ensure his commitment to protect privacy and ensure transparency at the FBI.
(Jul. 14, 2017)

Both the Senate and House are considering bi-partisan drone bills to protect the ability of states and local government to safeguard privacy. The House's
Drone Innovation Act, sponsored by Rep. Jason Lewis (R-MN) and the Senate's
Drone Federalism Act, sponsored by Sen. Diane Feinstein (D-CA), would ensure that FAA regulations do not preempt legitimate interests of local governments to protect personal privacy. Earlier this year, EPIC submitted a
statement to the House Transportation Committee and a
statement to the Senate Commerce Committee to emphasize the unique privacy risks of drones. EPIC explained that the FAA has failed to establish necessary privacy safeguards and that the states must be free to protect privacy interests. In 2015, EPIC
sued the agency, arguing the FAA failed to protect the public from aerial surveillance.
EPIC v. FAA is currently before the D.C. Circuit Court of Appeals. Argument will likely take place this fall.
(Jul. 12, 2017)

In advance of a
hearing on the Foreign Intelligence Surveillance Act, EPIC has sent a
statement to the Senate Judiciary Committee urging increased public reporting of the government's surveillance activities under section 702. EPIC also highlighted the need to restore the Privacy and Civil Liberties Board (PCLOB) to full strength. As Judge Patricia Wald recently stated in
remarks at the EPIC Champions of Freedom Dinner, "an agency dedicated to protecting privacy and civil liberties inside the intelligence community with access to classified material is a uniquely valuable asset in the ever difficult search for the right balance between national security and democratic values." EPIC
testified before the House Judiciary Committee in support of increased transparency during the 2012 FISA reauthorization hearings.
Analysis of 702 reform by Prof. Laura Donohue.
(Jun. 23, 2017)

In advance of a White House / OSTP
meeting on "emerging technologies," EPIC has sent a
statement to the Office of Science and Technology Policy. EPIC urged the Administration to focus on consumer protection and address the numerous privacy and security risks related to the
"Internet of Broken Things." EPIC recommended recommended Privacy Enhancing Technologies, data minimization, and security measures for Internet-connected devices. EPIC also urged the Administration to issue regulations on
drone privacy as
mandated by Congress and to establish minimum safety standards for
connected cars. EPIC warned that "The unregulated collection of personal data and the growth of the Internet of Things has led to staggering increases in identity theft, security breaches, and financial fraud in the United States."
(Jun. 20, 2017)

EPIC has sent a
statement to the House Judiciary Committee for a
hearing on "Data Stored Abroad." According to news
reports, the United States and the United Kingdom are drafting a secret agreement for transnational access to personal data that would bypass legal and judicial safeguards. In November 2016, EPIC filed a
FOIA Request for the draft US-UK agreement. The Justice Department recently
informed EPIC that responsive documents had been located and would be referred to the State Department for additional processing. EPIC has long pursued public release of international agreements. In 2016, EPIC obtained the
"Umbrella Agreement," concerning the transfer of personal data from the EU to the US, after a successful
Freedom of Information Act lawsuit.
(Jun. 14, 2017)

EPIC and over 30 organizations
urged the Director of National Intelligence Dan Coates to uphold a promise to provide a public estimate of how many Americans are caught up in NSA surveillance of foreign targets. The coalition, including EPIC, previously
pushed for the estimate. Americans' communications are "incidentally" collected under section 702 of the
Foreign Intelligence Surveillance Act, and the FBI searches this data without a warrant or judicial oversight. EPIC, in
testimony before Congress and
comments to the Privacy and Civil Liberties Oversight Board, has repeatedly called for greater oversight and transparency of surveillance authorities.
(Jun. 13, 2017)

EPIC sent a
statement to the House Committee on Transportation & Infrastructure ahead of a
hearing on FAA Reauthorization. Emphasizing the unique privacy risks of drones, EPIC explained that the FAA has failed to establish necessary safeguards. In 2015, EPIC
sued the agency, arguing that it failed to comply with
Congressional directives. Following a
petition by EPIC, the agency received hundreds of
comments in support of privacy rules. EPIC also told Congress that the FAA has
excluded privacy experts from the agency task force on drone policy.
(Jun. 9, 2017)

As the result of a FOIA
Request, EPIC has obtained nearly
two hundredpages of reports about the Army surveillance blimp that broke free and crash landed in Pennsylvania. In 2015 the blimp
roamed the East Coast before its crash and caused blackouts across the Pennsylvania countryside as it downed power lines. The documents obtained by EPIC include technical reports, a field investigation, and maintenance worksheets. The reports
reveal the tail of the blimp failed, raising questions about the government's maintenance of the
controversial and very expensive surveillance program. Through an earlier FOIA
lawsuit, EPIC uncovered details about the plan to deploy the surveillance blimp over
Washington, DC. The Runaway Blimp launched an
Internet meme.
(Jun. 7, 2017)

In advance of a
hearing on the
Foreign Intelligence Surveillance Act, EPIC has sent a
Statement to the Senate Select Committee on Intelligence urging increased transparency and new public reporting of the Government's surveillance activities. EPIC also highlighted several
legal challenges to an NSA bulk surveillance program abroad. The bulk surveillance program for the communications of non-U.S. persons, sunsets on December 31, 2017. EPIC
testified before the House Judiciary Committee during the 2012 FISA reauthorization hearings, recommended improved public reporting, and warned pre-Snowden that the extent of mass surveillance was much greater than was known to the public.
(Jun. 6, 2017)

A federal appeals court has struck down the FAA's rule requiring hobbyists to register their drones. The D.C. Circuit
ruled that a registration requirement violated the FAA Modernization Act which forbade regulations for "model aircraft," including unmanned drones "flown for hobby or recreational purposes." EPIC is currently
challenging the FAA's failure to establish privacy rules for "small, commercial" drones. Congress
required a
"comprehensive plan" for drone deployment in the United States, and more than 100 experts and organizations
petitioned the agency for privacy safeguards. EPIC v. FAA is full briefed and arguments before the D.C. Circuit are anticipated this fall.
(May. 19, 2017)

EPIC has filed a
reply brief in
EPIC v. FAA, a lawsuit concerning the FAA's failure to establish privacy rules for small commercial drones. EPIC
sued the FAA after the agency refused to issue drone privacy rules. Congress had
required a
"comprehensive plan" for drone deployment in the United States, and more than 100 experts and organizations
petitioned the agency for privacy safeguards. In a
brief filed last month, the FAA acknowledged "that cameras and other sensors attached to [drones] may pose a risk to privacy interests" but continued to deny the agency's responsibility to set privacy rules. EPIC wrote in reply, "It is not possible to address the hazards associated with drone operations without addressing privacy in the final rule for small commercial drone." EPIC also explained that the FAA "profoundly mischaracterizes the aviation technology at issue" by suggesting that cameras are simply add-ons. "Drone cameras are an integral component of drone operations," EPIC explained. "Without a camera, it would be almost impossible to operate a commercial drone."
(May. 12, 2017)

Following EPIC’s appeal of a decision to “neither confirm nor deny” the existence of a FISA application to monitor Trump Tower, the Justice Department took the unusual step of submitting the matter for declassification review. After the President tweeted allegations that President Obama “had [his] wires tapped in Trump Tower,” EPIC filed an urgent FOIA request for any FISA applications concerning Trump Tower. The Justice denied the request, but on appeal stated it was referring this matter “so that it may determine if the existence or nonexistence of any responsive records should remain classified.” The Justice Departement issued a similar response to EPIC’s related request concerning alleged surveillance of the Trump team. EPIC had explained in the appeal that “the agency may not hide behind the ‘neither confirm nor deny’ response” after FBI Director James Comey stated before Congress that the FBI and the Justice Department had “no information” to support the President’s tweets.

(Apr. 28, 2017)

The Federal Aviation Administration has filed a
brief in response to EPIC's lawsuit,
EPIC v. FAA, concerning the FAA's failure to establish privacy rules for commercial drones. EPIC sued the FAA after Congress
required a
"comprehensive plan" for drone deployment in the United States and the FAA denied EPIC's
petition calling for privacy safeguards. In the opposition brief, the FAA acknowledged "that cameras and other sensors attached to [drones] may pose a risk to privacy interests." The FAA claims that the agency is not ignoring drone privacy risks, but
documents from a previous
Freedom of Information Act request by EPIC showed the agency also failed to complete a drone privacy report
required by Congress.
(Apr. 28, 2017)

A
statement from EPIC to the
House Oversight Committee for a
hearing on border security warns that enhanced surveillance will impact citizens' rights. "The use of drones in border security will place U.S. citizens living on the border under ceaseless surveillance by the government." said EPIC. EPIC noted that Customs and Border Protection is
already deploying drones with facial recognition technology on U.S. communities. In 2013,
EPIC obtained records under the Freedom of Information Act which revealed that CBP drones could also intercept electronic communications in the United States.
State laws in some border states prohibit warrantless aerial surveillance but the United States has failed to enact laws to limit drone surveillance.
EPIC has sued the FAA for the agency's failure to create drone privacy safegruards as required by Congress.
(Apr. 26, 2017)

As a result of a
Freedom of Information Act request, EPIC has obtained the FBI's first
annual summary report on drone operations. The annual reports are required by an
Obama Presidential Memorandum regarding the domestic use of drones by federal agencies. EPIC also obtained related
documents about FBI
drone operations that were heavily redacted. Additionally, EPIC requested the FBI's drone policies and procedures related to privacy, civil liberties, and civil rights. The FBI has not yet released these documents to EPIC. EPIC will appeal the FBI's failure to release these documents and will also challenge the redactions in the documents that were released.
(Apr. 6, 2017)

President Trump’s proposed
budget reveals a $61 million increase in FBI funds dedicated to fighting encryption. The newly released budget for Fiscal Year 2018 directs the FBI to invest “$61 million more to fight terrorism and combat foreign intelligence and cyber threats and address public safety and national security risks that result from malicious actors’ use of encrypted products and services.” The FY2017
budget set aside $38 million to FBI
anti-encryption technology and research. EPIC has
advocated for strong encryption since its founding, and consistently pushed back
against efforts to weaken the technology. EPIC also published the first
comprehensive survey of encryption use around the world.
(Mar. 17, 2017)

Senator Markey and Representative Welch today
introduced the
Drone Aircraft Privacy and Transparency Act of 2017. The Act would establish privacy safeguards to protect individuals from
drone surveillance. The Drone Privacy Act requires publicly available data collection statements from operators and warrants for drone surveillance by law enforcement. "Drones flying overhead could collect very sensitive and personally identifiable information about millions of Americans, but right now, we don't have sufficient safeguards in place to protect our privacy," said Senator Markey. The Act includes privacy protections EPIC has proposed in
statements to Congress and
comments to federal agencies. In
EPIC v. FAA, EPIC is challenging the failure of the FAA to protect the public from aerial surveillance.
(Mar. 15, 2017)

EPIC sent a
detailed letter to the Senate Commerce Committee ahead of a
hearing on drone deployment in the United States. Emphasizing the unique privacy risks of drones, EPIC explained that the FAA has failed to establish necessary safeguard. EPIC has sued the agency, arguing that is has failed to comply with
Congressional directives, following a
petition by EPIC hundreds of
comments the agency receivedin support of privacy rules. EPIC also pointed out that the FAA has
excluded privacy experts from the agency task force on drone policy.
(Mar. 14, 2017)

EPIC has filed the
opening brief in a
lawsuit against the Federal Aviation Administration concerning drone surveillance. EPIC charged that the FAA's failure to establish privacy rules for commercial drones is a violation of law. The EPIC lawsuit is based on an
Act of Congress requiring a "comprehensive plan" for drone deployment in the United States and a
petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. EPIC stated that “As the FAA has refused to issue any privacy-related rules and refused to conduct a comprehensive rulemaking, contrary to the FAA Modernization Act and to EPIC's Rulemaking Petition, the Court must now order the agency to do so.” The case is EPIC v. FAA, No. 16-1297.
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EPIC has submitted an urgent
FOIA request to the Department of Homeland Security about aerial surveillance, social media monitoring and ID theft following statements made by DHS Secretary John Kelly in a
Congressional hearing on Homeland Security. The Secretary described plans to expand the use of "aerostats" (surveillance blimps) and monitoring of social media. The Secretary also stated that he has been a victim of data breach. The EPIC FOIA request follows earlier cases brought by EPIC which revealed efforts by the DHS to expand aerial surveillance within the United States, develop techniques for
"pre-crime" detection,
interrupt Internet service, as well as the
impermissible monitoring of social media services and news organizations.
(Feb. 8, 2017)

EPIC has sent a
statement to the Senate Commerce Committee, highlighting two significant privacy issues:
drones and
autonomous vehicles. The Senate Committee met this week to consider the nomination of Elaine Chao for Secretary of Transportation. EPIC
sued the FAA, an agency subject to the Committee's oversight, for its failure to establish drone privacy rules, as required by Congress. EPIC also testified last year before the Committee on the risks of
connected cars, EPIC has recently submitted
comments on federal automated vehicles policy and filed an amicus brief in federal appeals court on the risks to consumers of
connected vehicles.
(Jan. 12, 2017)

Documents obtained by EPIC reveal a steady line of communication between government officials and the drone industry leading up to the government
’s policy on drones. According to the documents obtained through a
Freedom of Information Act request, public officials regularly communicated with privacy sector members of the
Small UAV Coalition, an industry trade group that includes Google, Amazon, and DJI, a Chinese drone company. The government’s “multistakeholder process” has been
criticized for undermining democratic institutions and giving industry lobbyists preferential access to government agencies. EPIC
advocated for enforceable privacy rules prior to deployment of commercial drones in the United States. After the a multistakeholder process produced voluntary guidelines, EPIC
sued the FAA. The case is currently pending before the D.C. Circuit Court of Appeals.
(Dec. 21, 2016)

Through an EPIC
Freedom of Information Act request, EPIC obtained
documents revealing that the FAA never finished a drone privacy report
required by Congress. The
Appropriations Act of 2014, which provided funding for the agency, required the FAA to inform Congress on "how the FAA can address the impact of widespread use of [drones] on individual privacy." The FAA drone privacy report was to be completed before the end of 2015 and prior to any drone regulations were issued. Now, as the end of 2016 approaches, the FAA has moved forward with regulations lacking privacy safeguards, and the drone privacy report still unfinished. EPIC is currently
suing the FAA for the agency's failure to establish drone privacy rules.
(Oct. 24, 2016)

EPIC has filed
suit against the Federal Aviation Administration, arguing the agency failed to establish privacy rules for
drones as required by Congress. Congress in 2012 ordered the FAA to issue "comprehensive" rules for drone use. EPIC and more than 100 organizations and experts subsequently
urged the FAA to establish privacy protections prior to permitting widespread drone deployment. The FAA
denied EPIC's petition. EPIC then
sued the agency, but a federal appeals court
ruled that EPIC's suit was premature because the agency had not yet issued a final rule and might still consider the privacy concerns raised by EPIC and others. The FAA then proceeded to
issue final rules for small drones without privacy safeguards. EPIC is now
challenging the agency final rule.
(Aug. 23, 2016)

EPIC President Marc Rotenberg and FBI Director James Comey debated
"Emerging Issues in National Security and Law Enforcement" at a plenary session of the ABA annual conference in San Francisco. Comey stated that Americans have "never had absolute privacy." Rotenberg replied that the Fifth Amendment grants absolute privacy as a Constitutional right. In response to the Director's comments that the FBI has
650 phones it can not decrypt, Rotenberg pointed out that in 2013, more than
3.1 million cell phones were stolen. "Crime would be much higher in United States if cell phone users did not have strong encryption," said Rotenberg. The
EPIC amicus brief in
Apple v. FBI highlighted the risk of weak encryption, and noted that stolen cell phones are tied to identity theft and financial fraud.
(Aug. 7, 2016)

The White House hosted “
Drones and the Future of Aviation.” The FAA Administrator
announced that the FAA will approve drone operations over people before the end of the year. The FAA also announced an industry-led
task force that will promote voluntary privacy best practices. In
EPIC v. FAA, EPIC challenged the FAA's failure to establish drone privacy regulations following a
petition endorsed by more than 100 experts and organizations. The FAA has repeatedly acknowledged the
privacy risks of drones, but has refused to establish privacy safeguards.
(Aug. 4, 2016)

In response to an EPIC Freedom of Information Act
Carhartt Tanned Bison Dark Oil Men's rwXaqr, the Department of Transportation has released to EPIC another set of
documents from the agency's secret meetings with industry groups about drone policy. The newly released documents, which summarize an extensive three-day meeting between the FAA and industry groups, is conspicuously silent on privacy, despite public
comments urging the agency to address
privacy concerns. In a related development, the FAA
final rule on commercial drones failed to address the privacy risks of deploying
drones in the United States. (Jul. 14, 2016)

The FAA released the
final rule on commercial drones today. Despite nearly 180 comments regarding the privacy risks of drones, the FAA failed to address the privacy risks of deploying
commercial drones into the national airspace. EPIC previously filed
suit against the FAA after more than 100 groups and experts
petitioned the agency to conduct a rulemaking on drone privacy. EPIC also
recommended the FAA implement a
national database detailing the surveillance capabilities of commercial drones. The FAA has repeatedly acknowledged the privacy risks of drone deployment, but has so far refused to adopt any privacy safeguards.
(Jun. 21, 2016)

A
second batch of previously secret
documents show that the government’s secret drone task force ignored
public concerns about drone surveillance. Included in the documents are opening remarks by FAA Administrator Michael Huerta, who urged the task force to take into consideration “the interests of all stakeholders,” but who declined to invite any privacy or consumer advocates to the closed door meetings. The newly released records stem from
EPIC v. DOT, a lawsuit filed to uncover records relating to the private meetings held last November in Washington, DC between agency officials and industry representatives. EPIC expects to obtain more documents from the agency.
(Jun. 9, 2016)

The Senate Judiciary Committee held a
hearing on the FISA Amendments Act, a law that grants the government broad surveillance powers over Internet communications. The Act, commonly referred to as "Section 702,: is the basis for the NSA’s “
PRISM” program. EPIC
testified before the House Judiciary Committee in 2012 on the need to limit the scope of Section 702 surveillance and to improve transparency of the Foreign Intelligence Surveillance Court. US and EU NGOs have since
called for the end of the section 702. This week Senator Patrick Leahy (D-VT)
stated that "additional reforms are needed to protect Americans’ privacy, and restore global trust in the U.S. technology industry."
(May. 13, 2016)

The federal appeals court in Washington, DC
ruled today that EPIC’s suit against the Federal Aviation Administration must be set aside because the agency has not yet finalized the rules for drone operations in the United States. EPIC previously filed
suit against the FAA after more than 100 groups and experts
petitioned the agency to conduct a rulemaking on drone privacy. The FAA has repeatedly acknowledged the need to address privacy in drone operations, but has so far refused to adopt any privacy rules. In a related
case, EPIC recently uncovered the
minutes of a secret FAA drone task force. According to one of the participants, the “Current state of non-regulation negatively affects the public perception of drones. There is no regulatory recourse for anyone who is negatively affected by a small UAV [drones]."
(May. 10, 2016)

In response to EPIC's FOIA
Carhartt Tanned Bison Dark Oil Men's rwXaqr, the Department of Transportation has released the
minutes of a
secret meeting of the FAA drone task force. The task force included industry groups such as GoogleX, Amazon, and DJI, but consumer groups and privacy advocates were excluded from the hastily created advisory committee. The documents shed light on the secret meetings held last November. Several participants warned about privacy risks in drone deployment. The minutes also stated, "Current state of non-regulation negatively affects the public perception of drones. There is no regulatory recourse for anyone who is negatively affected by a small UAV [drones]." EPIC has
urged the agency to do more to safeguard the public, and in
EPIC v. FAA, challenged the FAA's failure to establish privacy regulations for drones.
(May. 9, 2016)

EPIC has urged the California Supreme Court to reverse a
lower court decision that blocked public release of records about
"automated license plate readers" operated by the state police. The lower court held that information about the public surveillance system was an “investigative record” under California law. EPIC’s amicus
brief stated, "Public scrutiny is essential to counter the unique threats posed by these programs of broad-scale surveillance." EPIC had obtained
documents about the
FBI’s license plate reader program under the FOI law. Those records revealed that the FBI failed to address the system's privacy implications.
(May. 6, 2016)

Yesterday FAA Administrator Michael Huerta
announced that the FAA will establish a
Drone Advisory Committee. According to Administrator Huerta, the committee "will help identify and prioritize integration challenges and improvements." Intel CEO Brian Krzanich will chair the committee. The
Federal Advisory Committee Act requires federal agencies to ensure that advisory committees are “objective and accessible to the public.” EPIC
previously criticized the FAA
Drone Registration Task Force, which met in secret and includes no consumer groups. EPIC is currently
suing the FAA for the secret meeting records of the Registration Task Force. EPIC previously sued the FAA for failing to establish privacy rules for
commercial drones.
EPIC v. FAA is pending before the D.C. Circuit Court of Appeals.
(May. 5, 2016)

The Department of Justice has published the
2015 FISA report, which summarizes the use of the
Foreign Intelligence Surveillance Act. The report also details the number of applications rejected or modified by the
FISA Court (FISC). Overall, the Government’s applications for FISA warrants has
declined since 2003 but there was a slight uptick this year with 1,456 orders granted. A significant number of orders were modified by the FISC. The FISC modified 80 orders and the Government even withdrew one application. Prior to the
USA FREEDOM Act, which limited bulk collection under section 215, the FISC modified many of those orders.
(May. 3, 2016)

The U.S. Supreme Court has
voted to approve changes to Rule 41 of the Federal Rules of Criminal Procedure, which will allow judges to issue "remote access" warrants. These warrants authorize mass computer searches, even when the targets are outside the jurisdiction of the court. EPIC criticized the proposal in a
statement last year, arguing that the procedure enables searches outside traditional Fourth Amendment requirements and would not provide adequate notice to those subject to search. Congress can amend or reject the proposal. Senator Ron Wyden
said today he would introduce legislation to reverse the proposal.
(Apr. 28, 2016)

Microsoft has
sued the Department of Justice, arguing that orders which prevent the company from notifying users about surveillance are unconstitutional. These secrecy orders, issued in connection with orders to disclose users’ private information, arise in
thousands of cases each year. EPIC has
supported similar challenges to “gag orders" and has
opposed the expansion of “no notice” searches. EPIC has also
recommended notice requirements for e-mail searches.
(Apr. 14, 2016)

The
report of a secret
FAA committee would relax safety rules for drones operating over populated areas. The report also makes no mention of the privacy risks of aerial surveillance by small drones. Like the FAA registration task force, the FAA small drones committee was composed of mostly industry members and did not include any privacy or consumer protection groups. The report recommends allowing drones to fly within 20' above a person or within 10' next to a person. EPIC previously sued the FAA for failing to establish privacy rules for
commercial drones.
EPIC v. FAA is pending before the D.C. Circuit. EPIC also filed a
FOIA lawsuit against the FAA for the records of the secret drone
task force meetings.
(Apr. 8, 2016)

The
Transatlantic Consumer Dialogue has
urged the European Commission to reject the
"Privacy Shield," a proposal to continue the transatlantic transfer of personal data from Europe to the United States. TACD warned that Privacy Shield "does not adequately protect consumers' fundamental rights to privacy" and that it does not provide "effective and meaningful data protection." European officials are carefully reviewing the proposal. EPIC and a
coalition of NGOs have urged the US to adopt a
robust data protection law and
end 702 surveillance. The TACD is a forum of more than 70 consumer organizations in Europe and the United States.
(Apr. 7, 2016)

EPIC has
filed a
FOIA lawsuit against the Department of Transportation for records of the closed-door meetings of the
"Drone Registration Task Force". The agency created the Task Force late last year to develop recommendations for registering commercial
drones. The Task Force--whose membership included no civil liberties organizations or privacy advocates--met in secret last November before releasing a
report. EPIC submitted
extensive comments to the Task Force. EPIC's lawsuit was filed just after the
FAA's Aviation Rulemaking Committee of industry groups and agency officials recommended easing restrictions that prohibit businesses from flying unmanned aerial vehicles. In
EPIC v. FAA, EPIC has also challenged the FAA's failure to establish privacy rules for drones.
(Apr. 4, 2016)

A Federal Appeals court has
remanded a case challenging the
NSA's bulk collection of telephone records. In
Smith v. Obama, the Ninth Circuit Court of Appeals instructed the lower court to consider the impact of the
USA Freedom Act, which ended the bulk data collection program. EPIC, joined by thirty-three technical experts and legal scholars, filed an
amicus brief in the case, arguing that modern communications systems are "entirely unlike the telephone network of the 1970s" and that a 1977 case concerning "pen registers" no longer applied. EPIC also challenged the NSA bulk collection program in a
petition to the Supreme Court.
(Mar. 24, 2016)

Today EPIC filed a
brief in a case before the
European Court of Human Rights. The
case involves a challenge brought by
10 human rights organizations arguing that
surveillance by
British and U.S. intelligence organizations violated their fundamental rights. In its brief, EPIC explained that the NSA's "technological capacities" enable "wide scale surveillance" and that U.S. statutes do not restrict surveillance of non-U.S. persons abroad. "The NSA collects personal data from around the world and transfer that data without adequate legal protections." EPIC routinely files
amicus briefs in federal and state cases that raise novel privacy issues. This is EPIC's
first brief for the Court of Human Rights in Strasbourg.
(Mar. 18, 2016)

A
Senate committee has adopted several key privacy amendments concerning drone operations in the US. The amendments, sponsored by Senator Markey (D-Mass), limit the scope of drone surveillance and require more accountability for drone operators. Markey
stated, "As more and more drones take flight in our skies, the need to protect Americans' privacy is paramount." EPIC
urged Congress and the
FAA to establish limits on drone surveillance and
recommended the FAA establish a
database detailing drone surveillance capabilities. EPIC has
sued the FAA for its failure to establish commercial drone privacy rules.
(Mar. 16, 2016)

On March 16, 2016 the Senate will consider the
FAA Reauthorization bill. Senator John Thune introduced the
legislation to fund the operations of the the federal agency responsible for aviation safety. The bill requires drone operators to post privacy policies, but provides no meaningful privacy safeguards that would limit surveillance by drone operators. EPIC has
urged Congress and the
FAA to establish real limits on surveillance by drones. EPIC also
recommended that the FAA to establish a
national database detailing the surveillance capabilities of commercial drones. And after the agency failed to establish privacy rules mandated by Congress, EPIC filed a
lawsuit, EPIC v. FAA that is now pending before the DC Circuit Court of Appeals.
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EPIC
Domestic Surveillance Project Director Jeramie Scot will testify at a
hearing on before the Pennsylvania Senate Majority on
"Unmanned Aerial Vehicles." The hearing will
address the private and public sector use of drones. In a
prepared statement, EPIC’s Scott urges the Pennsylvania Senate to enact legislation to limit both law enforcement and commercial drone surveillance. EPIC states, “The increased use of drones to conduct various forms of surveillance must be accompanied by increased privacy protections.” EPIC previously sued the FAA for failing to establish federal privacy rules for
commercial drones.
EPIC v. FAA is pending before the D.C. Circuit.
(Mar. 14, 2016)

According to the
New York Times, the NSA plans to disclose intercepted private communications to other federal agencies, including
records of communications concerning US persons. The substantial change in agency practices "would relax longstanding restrictions on access to the contents of the phone calls and email." In 2013, EPIC and a group of legal scholars and technical experts,
petitioned the NSA to undertake a public rule making on "the agency's monitoring and collection of communications traffic within the United States." EPIC has previously
urged the Department of Defense to ensure that the NSA complies with the federal Privacy Act and has
opposed expansion of the "Operations Records" database.(Feb. 26, 2016)

EPIC President Marc Rotenberg will argue
EPIC v. FAA before the
D.C. Circuit Court of Appeals on February 10, 2016. EPIC, joined by more than 100 groups and experts,
petitioned the agency to conduct a public rule-making on the privacy impact of
increased drone deployment in the United States. The FAA acknowledged the importance of privacy and responded in November 2014 that it would undertake the rulemaking. But in early 2015, the agency reversed course and announced it would not establish privacy safeguards for commercial drones. As of February 5, 2016, the agency has granted
more than 3,300 waivers to drone operators who lack certification to demonstrate airworthiness.
(Feb. 9, 2016)

In
comments to the FAA, EPIC urged the agency to make public the surveillance capabilities of drones operated in the United Staes. EPIC also proposed privacy safeguards for personal information. EPIC stated, "It is not the personal information of the drone registrant that should be readily available to the public, but the technical capabilities of the registered drone." The FAA recently published a
rule requiring drone registration, which EPIC supported. EPIC previously sued the FAA for failing to establish privacy rules for
commercial drones.
EPIC v. FAA is pending before the D.C. Circuit Court of Appeals.
(Jan. 15, 2016)

The Department of Homeland Security has released a set of
drone privacy best practices. The best practices reflect many of the recommendations made by EPIC in
testimony to Congress, including limiting data collection, use, dissemination, and retention. The recommendations also propose a redress program so individuals can challenge inappropriate collection. The best practices are only guidelines, but a
Presidential Memorandum on drones and privacy requires that all federal agencies to establish and publish drone privacy procedures by February 2016. EPIC has
sued the Federal Aviation Administration,
EPIC v. FAA to establish privacy rules for commercial drones. Oral arguments are scheduled before the D.C. Circuit Court of Appeals on February 10.
(Jan. 6, 2016)

Today, the House added the
Cybersecurity Act of 2015 to an expansive
appropriations bill. The Cybersecurity Act was negotiated behind closed doors and represents a new version of the
Cybersecurity Information Sharing Act (CISA). Previous versions of CISA have been
opposed by a broad coalition of organizations. The current bill, like
previous ones, would allow the government to obtain personal information from private companies without judicial oversight. The Act would also
expand government secrecy. EPIC previously won a five-year court battle to obtain
NSPD 54, a foundational legal document for U.S. cybersecurity policies that revealed the government's interest in enlisting the private sector to monitor user activity.
(Dec. 16, 2015)

The FAA has published an
rule requiring drone
registration by December 21st. Owners of small drones will be required to pay a small fee and provide their name, physical address, and e-mail address. The agency
announced that the registration database will be searchable, but owner e-mail addresses will not be made public. EPIC filed extensive
comments on the proposed registration scheme, recommending that drones broadcast registration IDs and include information about surveillance capabilities. The FAA acknowledged EPIC's comments, but failed to adopt the recommendations. EPIC previously sued the FAA for failing to establish privacy rules for commercial drones.
EPIC v. FAA is pending before the D.C. Circuit Court of Appeals.
(Dec. 14, 2015)

The Director of National Intelligence has
announced that the NSA's bulk collection of domestic telephone records under
"Section 215" ended yesterday when the
USA Freedom Act took effect. The Freedom Act ended the NSA's 215 Program and established new transparency and accountability rules for the Foreign Intelligence Surveillance Court. In 2012, EPIC
testified before the House Judiciary Committee on the need to reform the Surveillance Court. In 2013, EPIC filed a petition in the Supreme Court,
In re EPIC, arguing that the NSA program was unlawful. In 2014, EPIC and a broad coalition
urged the President to end the NSA surveillance program.
(Nov. 30, 2015)

The FAA
Drone Task ForceFinal Report fails to ensure the safe operation of drones in the United States. The committee proposed only that drone operators (1) register online, (2) receive a universal registration number, and (3) mark the number on drones prior to operation. In
comments to the agency, EPIC recommended that drones broadcast registration numbers, and that registration include drone surveillance capabilities and contact information for operators, such as phone numbers. The FAA's former top drone official
told the Associated Press that drone surveillance capabilities will contribute to safety risks. EPIC previously
sued the FAA for failing to establish privacy rules for commercial drones. That case is pending before the D.C. Circuit Court of Appeals.
(Nov. 23, 2015)

This week a House Committee examined "
The Fast-Evolving Uses and Economic Impacts of Drones." Chairman Burgess, echoing comments from other committee members,
stated, "
there are important questions around privacy laws and safety." The
FAA Modernization and Reform Act of 2012 required the FAA to develop a "comprehensive plan" to integrate drones into national airspace by September 30, 2015. Despite missing the deadline, the FAA has granted over
2,220 exemptions for commercial drones even as safety and privacy concerns increase. More than 100 privacy experts and organizations petitioned the FAA to establish privacy safeguards prior to the deployment of drones. EPIC has
sued the agency,
EPIC v. FAA, to establish privacy rules for commercial drones.
(Nov. 20, 2015)

EPIC has filed an additional
brief in
EPIC v. FAA. The case follows from an act of Congress requiring a "comprehensive plan" for drone deployment and EPIC's
petition, joined by more than 100 hundred experts, that urged the agency to establish
drone privacy rules. In the most recent court filing, EPIC challenged the agency's rationale for dismissing the petition. EPIC also argued the FAA improperly ignored privacy concerns in a recent
rulemaking on small drones. The FAA
conceded that drones, "because of their size and capabilities, may enhance privacy concerns," but still did not propose privacy safeguards. The United States Court of Appeals for the DC Circuit is expected to hear argument in the case early next year.
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In
comments to the FAA, EPIC urged the agency to require all drone operators to register in a
federal drone registry. An
FAA task force, lacking any privacy experts, is developing a plan for a national registry. EPIC said registration is critical for public safety and privacy protection. EPIC recommended that the FAA require drones to broadcast identification information and that the registration database detail a drone's surveillance capabilities. EPIC also urged the agency to provide privacy protections for the personal information of hobbyists. Earlier this year, EPIC
sued the FAA for failing to establish privacy rules for commercial drones as mandated by Congress.
(Nov. 11, 2015)

A federal court in Washington D.C. has
ordered the National Security Administration to halt the bulk collection of
domestic telephone records, ruling that the indiscriminate collection violates the Fourth Amendment. Following the
USA Freedom Act, the telephone records program will expire at the end of the month. The government has moved to stay the judge's order. In 2013, EPIC brought the
first challenge to the NSA surveillance program in the Supreme Court. EPIC has also
testified before Congress on the need to reform the Foreign Intelligence Surveillance Court, and led a broad coalition
urging the President to end the NSA surveillance program.
(Nov. 10, 2015)

The Federal Aviation Administration has filed a
brief in response to EPIC's lawsuit,
EPIC v. FAA, charging that the agency failed to establish privacy rules for commercial drones as required by law. EPIC sued the agency after Congress
required a "comprehensive plan" for drone deployment and a
petition, backed by more than one hundred organizations and privacy experts, called for privacy safeguards. In its response to EPIC, the FAA acknowledged that the comprehensive plan "recognizes the privacy issues that may be heightened" by drone surveillance. The FAA also conceded that drones, "because of their size and capabilities, may enhance privacy concerns," but the agency has still not begun the process of developing regulations to safeguard privacy.
(Nov. 5, 2015)

Rep. Jason Chaffetz has
introduced a
bill in the U.S. Congress that would prohibit government agencies from using cell-site simulators (or
stingrays) without a warrant in most circumstances. The Cell-Site Simulator Act of 2015 would also explicitly exclude stingrays from the
pen register statute currently used by law enforcement to conduct stingray operations with less than probable cause. The government would still be able to conduct warrantless stingray operations under the Foreign Intelligence Surveillance Act or in emergencies. An EPIC FOIA
lawsuit in 2012 revealed that the FBI was using stingrays without a warrant. EPIC has also filed
amicusbriefs arguing that cell phone location data is protected by the Fourth Amendment.
(Nov. 4, 2015)

The FAA has
released the membership list of the Drone Registration Task Force, which is charged with drafting recommendations for a
federal drone registry. Notably, the Task Force does not include any privacy organization or privacy experts. EPIC filed an expedited
FOIA request for the Task Force membership list and
called on the FAA to publicly release the information. Earlier this year, EPIC
sued the FAA for failing to establish privacy rules for commercial drones as mandated by Congress. The public may submit
comments on the Drone Registration plan however the Task Force meeting location and agenda remains secret.
(Nov. 2, 2015)

EPIC, joined by over 30 other organizations,
urged the Director of National Intelligence, James Clapper, to disclose data on how many Americans are caught up in NSA surveillance of foreign targets. Americans’ communications are incidentally collected under Section 702 of the
Foreign Intelligence Surveillance Act, and the FBI searches this data without a warrant or judicial oversight. EPIC, in
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comments to the Privacy and Civil Liberties Oversight Board, has repeatedly called for greater oversight and transparency of surveillance authorities.
(Nov. 2, 2015)

One of the military's controversial surveillance
blimps has broken free from its tether in Maryland and is now drifting over Pennsylvania. According to a
report, the blimp is now floating at 16,000 feet and dragging a 6,700 foot cable. Through a FOIA
lawsuit filed earlier this year, EPIC uncovered details about the Army's plan to fly two "JLENS" blimps over the
Washington, DC area. The
several thousand documents uncovered by EPIC describe the use of JLENS, as well as the Army's relationship with the contractor Raytheon, which has proposed a
video surveillance capability.
(Oct. 28, 2015)

Senator Patrick Leahy (D-VT)
urged fellow Senators to remove a proposed open government exemption in a pending
cybersecurity bill. The Cybersecurity Information Sharing Act (CISA), said Sen. Leahy, "contains an overly broad new FOIA exemption that is both unnecessary and harmful." Sen. Leahy called the FOIA "our nation's premier transparency law," and said that any modifications must go through the Senate Judiciary Committee. "The Senate must have an open and honest debate about the Senate Intelligence Committee's bill and its implications for Americans' privacy and government transparency," remarked the Senator. Last year, EPIC won a five-year court battle against the NSA for
NSPD 54, the foundational legal document for U.S.
cybersecurity policies. EPIC has also set out
recommendations for
FOIA reform.
(Oct. 27, 2015)

In a
letter today, EPIC called on the FAA and Department of Transportation to make public the members of a new drone task force. The task force,
announced last week, will make recommendations for a
federal drone registry. The Transportation Secretary said that the task force will be composed of 25 to 30 individuals, but it is unknown whether privacy and safety advocates will be included. EPIC also filed an expedited
FOIA request for the information, citing the fast-approaching November 20th deadline for the task force's recommendations.
(Oct. 27, 2015)

The House
Subcommittee on Information Technology will
examine law enforcement use of "Stingrays," a technique for tracking cell phones users. The Department of Justice adopted
guidelines that require a warrant before using Stingray devices to track the location of mobile devices. Senators Grassley and Leahy recently
asked DHS Secretary Jeh Johnson to adopt a similar policy for DHS. California passed a
law requiring a warrant for a Stingray.
Documents obtained by EPIC in a FOIA lawsuit revealed the FBI was using the cell-site simulators without a warrant. EPIC also filed amicus briefs in
U.S. v. Jones and
State v. Earls, arguing that a warrant is required to obtain location information from cell phone subscribers.
(Oct. 21, 2015)

The Department of Transportation and FAA
announced that drone operators will be required to register with a national drone registration database. A task force will develop recommendations for the registration process by November 20. The registration requirement is aimed at protecting public safety and promoting accountability, but creates new privacy risks. EPIC
sued the FAA to develop privacy regulations for commercial drones. In
EPIC v. FAA, EPIC
recently argued that the agency's failure to establish privacy rules for commercial drones is a violation of law and should be overturned.
(Oct. 20, 2015)

The Supreme Court of New Mexico
ruled in
State v. Davis that the Fourth Amendment prohibits the warrantless aerial surveillance of, and interference with, a person's private property. Specifically, the court found that "prolonged hovering close enough to the ground to cause interference with Davis' property transformed this surveillance from a lawful observation of an area left open to public view to an unconstitutional intrusion into Davis' expectation of privacy." EPIC filed a
friend of the court brief and presented oral argument before the Court. EPIC said that aerial surveillance threatens privacy and property interests and that surveillance in the airspace close to a home violates the Fourth Amendment. The New Mexico Supreme Court agreed. EPIC frequently
amicus briefs on emerging privacy and civil liberties issues.
(Oct. 19, 2015)

California Governor Jerry Brown has signed laws that provide California residents with privacy protections against drones and SmartTVs.
AB856 prohibits
Chunky Women's Bootie Grey Elastic Panel Heel Inner Breckelle's Zip wzqvfBf flight in the airspace above private property with the intent of taking photos, video, or a sound recording of a person.
AB1116 prohibits the use of voice recognition on SmartTVs unless consumers are "prominently inform[ed]" during the initial setup of the TV. The new California law also prohibits the use of voice recording for advertising purposes. Earlier this year, EPIC filed a
complaint to the Federal Trade Commission about Samsung's SmartTVs and recommended new consumer safeguards. EPIC has also recommended drone privacy safeguards to the
US Congress,
the FAA, and
State courts.
(Oct. 9, 2015)

The House Subcommittee on Aviation held a hearing on
drone safety after the FAA's
failure to meet a Congressional deadline to implement comprehensive drone regulations. The
FAA Modernization and Reform Act of 2012 required the agency to develop a "Comprehensive Plan" to integrate drones into the national airspace by September 30, 2015. The agency missed the deadline. However, the FAA has granted over a
1,700 exemptions for drones to operate in the US even as safety and privacy concerns increase. Chairman LaBiondo (R-NJ) said at the hearing, "The real possibility of a mid-air collision must be taken seriously in order to prevent tragic consequences." EPIC recently
sued the agency,
EPIC v. FAA, to establish privacy rules for
commercial drones.
(Oct. 9, 2015)

EPIC has filed the
opening brief in a
lawsuit against the Federal Aviation Administration. EPIC charged that the agency’s failure to establish privacy rules for commercial drones is a violation of law and should be overturned. The EPIC lawsuit followed an
Act of Congress requiring a “comprehensive plan” for the integration of drones and
petition, backed by more than one hundred organizations and privacy experts, calling for privacy safeguards. EPIC stated that “As the agency has determined not to issue rules, contrary to the FAA Modernization Act and EPIC’s Rulemaking Petition, the Court must now order the agency to do so.” The case is EPIC v. FAA, No. 15-1075. The United States Court of Appeals for the DC Circuit is expected to hear oral argument in the case early next year.
Press Release - EPIC v. FAA(Sep. 29, 2015)

Following lobbying by several tech companies, California Governor Jerry Brown has
vetoed a bill that would have prohibited drone trespass over private property. Neighboring Oregon
provides a civil action against drone operators who fly lower than 400 feet over private property. EPIC has
testified in Congress in support of comprehensive drone privacy legislation,
argued before the New Mexico Supreme Court in support of a warrant requirement for low altitude aerial surveillance, and
sued the FAA for failing to establish drone privacy safeguards.
(Sep. 14, 2015)

The House Judiciary Committee will hold a hearing on
Unmanned Aerial Vehicles: Commercial Applications and Public Policy Implications. The FAA has granted nearly 1,500
exemptions to commercial drone operators even as public safety risks and privacy concerns increase. EPIC has sued the agency for its failure to establish privacy safeguards prior to the deployment of
commercial drones in the United States. The lawsuit,
EPIC v. FAA, follows an act of Congress requiring the agency to develop a "comprehensive plan" for the safe integration of drones in domestic airspace, and a
petition, organized by EPIC and joined by over 100 experts organizations, calling on the FAA to establish privacy rules. EPIC previously
testified in Congress in support of strong privacy legislation.
(Sep. 9, 2015)

The federal appeals court in Washington, DC has
ordered briefing in EPIC's
lawsuit against the Federal Aviation Administration. EPIC
filed suit in March after the FAA failed to establish privacy rules for commercial drones as mandated by Congress. The EPIC lawsuit followed an
earlier petition to the agency backed by more than a hundred organizations and privacy experts. The FAA had asked the D.C. Circuit to dismiss EPIC's lawsuit. But in today's order, the appellate court directed the parties to prepare merits briefing for a three-judge panel which will consider the case.
(Aug. 13, 2015)

EPIC submitted a
statement for the record today for the
Boston City Council hearing on mandating body cameras for the Boston Police. EPIC opposes the use of
"police cams" and warned the city council that body cameras could "become the next surveillance technology disproportionately aimed at the most marginalized members of society." EPIC also pointed to the potential liability for cities if harmful images are posted online. EPIC explained that there are "more productive means to achieve police accountability that do not carry the risk of increasing surveillance." EPIC stressed that if body cameras are deployed, police departments must comply with all privacy and open government laws.
(Aug. 5, 2015)

The Senate has
rejected an
amendment to the
National Defense Authorization Act for 2016 that would transfer user data from private companies to government agencies without judicial oversight. Senator Patrick Leahy (D-Vt)
urged Senators to oppose the amendment, stating "we need a cyber-security bill, not a cyber-surveillance bill." Last year, EPIC won a five-year court battle against the NSA for
NSPD 54-the foundational legal document for U.S.
cybersecurity policies. The Directive reveals the NSA's interest in enlisting companies to monitor user activity in the United States.
(Jun. 17, 2015)

EPIC has filed extensive
comments with the Privacy and Civil Liberties Oversight Board, urging
enhanced oversight of Executive Order 12333. The Presidential Order was originally adopted in 1981 to
limit domestic surveillance but now provides the basis for NSA mass surveillance programs. EPIC called for: (1) new limits on data collection and disclosure; (2) audit trails for surveillance activities; and (3) published legal justifications for surveillance programs. EPIC is also pursuing open government requests concerning 12333 surveillance activities with the
NSA, the
Attorney General, and the
Director of National Intelligence. A related EPIC FOIA case,
EPIC v. NSA, led to the public release of the NSA's cyber security authority.
(Jun. 17, 2015)

South Carolina has become the first state to require law enforcement agencies to deploy body cameras. However, the
law exempts police body camera footage from public records law, which appears contrary to the stated goal of promoting police accountability. Many states are considering similar legislation and
EPIC's State Policy Project is monitoring bills nationwide. EPIC has submitted testimony to
Congress and the
D.C. City Council opposing the deployment of body cameras. But where body-worn cameras are deployed, EPIC recommends that the police agencies comply with open government laws.
(Jun. 12, 2015)

Florida, a state with very broad open government laws, has
exempted police body camera footage obtained inside a private residence, a health care, mental health care or social services facility or is taken in a place that a reasonable person would expect to be private from public records law. Many states are considering similar legislation and
EPIC's State Policy Project is monitoring bills nationwide. EPIC has submitted testimony to
Congress and the
D.C. City Council in opposition to the deployment of body cameras. But, where body-worn cameras are deployed, EPIC recommends no exemptions from open government laws.
(May. 27, 2015)

EPIC submitted a
statement for the record today for the Senate hearing
"Can Technology Increase Protection for Law Enforcement Officers and the Public?". EPIC opposes the use of
"police cams" and warned Congress that body cameras could "become the next surveillance technology disproportionately aimed at the most marginalized members of society." EPIC also pointed to the
potential liability for cities if harmful images are posted online. EPIC explained that there are "more productive means to achieve police accountability that do not carry the risk of increasing surveillance." EPIC stressed that if body cameras are deployed, police departments must comply with all privacy and open government laws.
(May. 20, 2015)

Florida has a new
law prohibiting the use of drones to intentionally record images of people on private property if a reasonable expectation of privacy exists. The law applies to law enforcement and private individuals, and provides for civil damages and injunctive relief. The law follows Florida's
2013 law requiring that police obtain a warrant to use drones to collect evidence. Many states are considering similar legislation and
EPIC's State Policy Project is monitoring bills nationwide. EPIC has also
testified in Congress in support of comprehensive drone privacy legislation,
argued before the New Mexico Supreme Court in support of the warrant requirement, and
sued the FAA for failing to establish drone privacy safeguards.
(May. 17, 2015)

EPIC National Security Counsel Jeramie Scott
testified today at a
hearing before the D.C. City Council regarding
police body-worn cameras. EPIC opposes deployment of "police cams" and warned the D.C. Council of the risks of
mass public surveillance. EPIC also pointed to
potential liability for the city if harmful images are posted online. EPIC's Scott said there are "more productive means to achieve police accountability that do not carry the risk of increasing surveillance." Scott added that if body cameras are deployed, then the Metropolitan Police Department must comply with all privacy and accountability laws.
(May. 8, 2015)

EPIC has filed
extensive comments, urging the Federal Aviation Administration to propose
drone privacy safeguards. In 2012, EPIC led a coalition of over 100 experts and organizations in
petitioning the FAA to establish privacy protections prior to the deployment of commercial drones in the United States. EPIC stated that, "As a consequence of the FAA’s failure to establish drone privacy rules, millions of Americans now face the possibility of unchecked monitoring and harassment." EPIC has
sued the agency for its failure to protect the privacy of Americans.
(Apr. 25, 2015)

Senate majority leader Mitch McConnell has introduced a
bill that would extend the Patriot Act until 2020. Specifically,
S. 1035 would renew the controversial
Section 215 authorities for the NSA's telephone record collection program. The 215 authority is set to expire on June 1. EPIC
urged the President and the Attorney General not to renew the 215 order after it became clear that the NSA routinely collected the telephone records of US citizens. EPIC previously
petitioned the Supreme Court to suspend the program, arguing that the NSA program exceeded the section 215 legal authority.
(Apr. 23, 2015)

As the result of a Freedom of Information Act
lawsuit, EPIC has obtained
severalthousand pages about the blimps deployed by the Army, just north of the nation's capital. The records document the use of "JLENS," as well as the Army's relationship with the contractor Raytheon, which has proposed a
video surveillance capability. The Army has
disputed the claim that JLENS has surveillance capability. EPIC has recently
filed suit against the FAA for failure to establish privacy rules for commercial drones in the US.
(Apr. 15, 2015)

Today EPIC
filed suit in the federal appeals court in Washington, DC arguing that the Federal Aviation Administration failed to establish privacy rules for
commercial drones as mandated by Congress. Congress had required the FAA to develop a "comprehensive plan" for drone deployment. In 2012 EPIC and more than 100 organizations and experts also
urged the federal agency to establish privacy protections prior to the deployment of commercial drones in the United States. The FAA
denied the EPIC petition, claiming it "did not raise an immediate safety concern." Then last month the FAA
announced a
rulemaking on commercial drones and purposefully ignored privacy concerns, stating that privacy "issues are beyond the scope of this rule making."
(Mar. 31, 2015)

Wikimedia filed a federal
lawsuit against the NSA over the mass surveillance of Internet communications. Wikimedia asked the court to halt the government's upstream collection—the practice of directly tapping into the Internet backbone that carries communications across the U.S. Wikimedia argues that upstream collection exceeds statutory authority and violates the First and Fourth Amendments, as well as Article III of the Constitution. Explaining the case, Wikipedia founder Jimmy Wales
wrote, "Privacy is an essential right. It makes freedom of expression possible, and sustains freedom of inquiry and association." In 2013, EPIC
petitioned the Supreme Court to stop the NSA's bulk telephone metadata program.
(Mar. 10, 2015)

A federal judge has
granted in part EPIC's
motion for summary judgment in a
FOIA case about the government's surveillance of Wikileaks supporters. Three divisions of the Justice Department - the FBI, the National Security Division, and the Criminal Division - failed to provide any documents in response to
EPIC's FOIA request. The FBI stated that there was no surveillance of supporters and that an investigation was ongoing. Judge Rothstein sided with the FBI and the Criminal Division, but held that the National Security Division had failed to justify its withholdings.
(Mar. 5, 2015)

The Federal Aviation Administration
announced a public
rulemaking for the integration of small commercial drones into the National airspace. The
rules will establish safety procedures but will not address privacy concerns. The agency stated that privacy "issues are beyond the scope of this rule making." EPIC and 100+ organizations, experts, and members of the public
petitioned the FAA to conduct a public rulemaking on the privacy impact of domestic drone use. Several members of Congress, including
Senator Markey and
Senator Paul have urged the establishment of privacy laws before surveillance drones are deployed in the United States.
(Feb. 19, 2015)

The President has issued a new
Executive Order requiring all federal agencies to adopt privacy rules for drone use. The Order is intended to limit the collection and use of personally identifiable information. The rules will also require agencies to adopt transparency and accountability procedures for drone use. The Order incorporates recommendations made by EPIC in
testimony to Congress and
comments to several federal agencies. The Federal Aviation Administration has also
proposed new regulations for commercial
Chunky Women's Bootie Grey Elastic Panel Heel Inner Breckelle's Zip wzqvfBf use in the United States. These rules will establish safety procedures for drone use, including maximum height, weight and line-of-sight operation, but the rules do not address the privacy impact of commercial drone use. EPIC
petitioned the FAA to establish clear privacy rules for commercial drone operators.
(Feb. 15, 2015)

The FAA has settled a case,
Huerta v. Pirker, that challenged the agency's ability to regulate the commercial use of drones. The
settlement requires the drone operator to pay a $1,100 fine for violating the FAA regulation. Despite the ban, the agency continues to grant
exceptions for commercial drone use. A small
drone recently crashed on the White House grounds, raising additional concerns the anticipated deployment of drones in the United States. EPIC has
petitioned the FAA to establish clear privacy rules for the operation of commercial drones.
(Jan. 27, 2015)

The DHS Office of Inspector General has released a new
report on the drone surveillance program operated on the US border. The Inspector General found that the government "has invested significant funds in a program that has not achieved the expected results, and it cannot demonstrate how much the program has improved border security." The report also found that Customs and Border Protection underestimated the cost of operations. The Inspector General recommends tabling any expansion of the drone surveillance program. In February 2013, EPIC
petitioned the agency to suspend the border surveillance program pending the establishment of concrete privacy regulations. The petition followed an EPIC Freedom of Information Act request, which found that border drones carry advanced surveillance equipment that could intercept electronic communications and identify human targets on the ground. For more information, see
EPIC: Domestic Drones and
EPIC Spotlight on Surveillance: Drones - Eyes in the Sky.
(Jan. 6, 2015)

Senator Rockefeller, the outgoing Chair of the Senate Commerce Committee and a leading privacy champion, introduced a
bill to require privacy safeguards in the commercial operation of drones. The Unmanned Aircraft Systems Privacy Act of 2014 would prohibit surveillance of individuals by companies unless explicit prior consent is obtained and would require the development of remote identification transmission technologies for drones. The bill would also provide a private right on action against invasions of privacy in violation of the act and grant the FTC additional authority to regulate on commercial drone privacy issues. EPIC previously
testified before Congress in support of a drone privacy law. EPIC recommended data use and retention limitations as well as additional transparency and accountability measures for drone operators. For more information, see
EPIC Spotlight on Surveillance: Drones - Eyes in the Sky and
EPIC: Domestic Drones.
(Dec. 24, 2014)

EPIC filed an
amicus brief in a New Mexico Supreme Court case considering the warrantless search of private property.
State v. Davis concerns law enforcement surveillance in a low-flying helicopter. EPIC argued that warrantless surveillance around a person's home violates both property interests and an individual's reasonable expectation of privacy. EPIC also warned the New Mexico high court that "Drones will enable broader use of aerial surveillance by law enforcement" agencies. EPIC explained that "it will be necessary to establish privacy rights to protect against constant monitoring." EPIC previously
testified before Congress in support of a drone privacy law and
petitioned the FAA to establish privacy safeguards for drone use. For more information, see
EPIC: State v. Davis and
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(Dec. 8, 2014)

In a
letter to EPIC, the Federal Aviation Administration denied a
petition to initiate a public rulemaking to address privacy and civil liberties issues posed by domestic drones. The agency stated it was not required to solicit public comments on the privacy implications of drones because privacy was "not an immediate safety concern." In March 2012, EPIC joined by over 100 other organizations, experts, and members of the public
petitioned the FAA to "conduct a notice and comment rulemaking on the impact of privacy and civil liberties related to the use of drones in the United States." The agency published a
notice with proposed privacy requirements for drone operators at FAA designated drone test sites. EPIC submitted
comments in response to the notice, urging the agency to mandate minimum privacy standards for drone operators. After considering numerous public comments on the privacy impact of aerial drones, the FAA
proposed that test site operators develop privacy policies but did not require any specific baseline privacy standards for drone operators. For more information, see
EPIC: Domestic Drones and
EPIC Spotlight on Surveillance: Drones - Eyes in the Sky.
(Dec. 1, 2014)

EPIC's
Spotlight on Surveillance Project returns to focus attention on domestic drone surveillance. Congress recently
mandated that the Federal Aviation Administration integrate drones into the National Airspace, raising concerns about both safety and privacy. The FAA has begun
granting limited exemptions to the current ban on commercial drones. EPIC's Spotlight
"Eyes in the Sky" examines the surveillance capabilities of drone technology and recommend comprehensive privacy legislation. EPIC has also
testified in Congress in support of drone privacy law,
urged the FAA to mandate minimum privacy standards, and pursued several significant FOIA cases. For more information, see EPIC's
Spotlight on Surveillance on Drones and
EPIC: EPIC v. Army (Surveillance Blimps).
(Oct. 23, 2014)

The U.S. Court of Appeals for the Ninth Circuit ruled in
United States v. Dreyer that an agent for the Naval Criminal Investigative Service violated Defense Department regulations and the Posse Comitatus Act when he conducted a surveillance operation in Washington state to identify civilians who might be sharing illegal files. The 1878 Act prevents the U.S. military from enforcing laws against civilians. The appeals court ruled that the NCIS intrusion into civilian networks showed “a profound lack of regard for the important limitations on the role of the military in our civilian society.” The court also ruled that the evidence obtained by NCIS should be suppressed to “deter future violations.” In a
petition to the Supreme Court, EPIC challenged the NSA’s surveillance of domestic communications. The NSA is a component of the Department of Defense. For more information, see
Women's Faux Ankle Buckle Leather Bootie Heel Chunky apricot gBqwOpv and
EPIC v. DOJ: Warrantless Wiretapping Program.
(Sep. 26, 2014)

The Federal Aviation Administration
granted six exemptions for the commercial use of drones to companies in the film and television industry this week. The agency found that the proposed operation do not “pose a threat to national airspace users or national security.” Safety requirements include: line of site tracking, restrict flights to the “sterile area” on the set, inspection after each flight, and prohibiting operation at night. The agency is currently considering another 40 requests from various commercial entities. Currently, no privacy protections are in place to address the commercial use of drones. EPIC has
testified in Congress in support of a comprehensive drone privacy law—calling for use limitations, data retention limitations, transparency, and public accountability. The Federal Aviation Administration
to develop drone privacy guidelines after an EPIC-lead coalition petition. EPIC also
urged the agency to mandate minimum privacy standards for drone operators. For more information, see
EPIC: Domestic Drones.
(Sep. 26, 2014)

According to
reports, President Obama is set to issue an executive order on drone privacy. The order would call for the development of voluntary best practices for the commercial use of drones. Senator Markey and Representative Welch immediately responded to the reports with a
letter to the President urging "strong, enforceable rules - not voluntary best practices...." EPIC has
testified in Congress in support of a comprehensive drone privacy law. EPIC called for drone legislation to include use limitations, data retention limitations, transparency, and public accountability. The Federal Aviation Administration
agreed to address drone privacy issues after an EPIC-led coalition
petitioned the agency two years ago. Last year, EPIC
urged the agency to mandate minimum privacy standards for drone operators. For more information, see
EPIC: Domestic Drones.
(Jul. 25, 2014)

The Federal Aviation Administration released a proposed
Special Rule for Model Aircraft which will prohibit the use of drones for the delivery of packages and other commercial services. At the end of last year, Amazon had raised the prospect of delivering packages via drones. The agency has requested
comments on the proposal. A recent Washington Post
series highlighted numerous close encounters between commercial aircraft and small drones, as well as many incidents were drones fell from the sky. The National Park Service has
prohibited the use of drones in national parks, citing safety concerns. Last year, EPIC
urged the Federal Aviation Administration to mandate minimum privacy standards for drone operators. For more information, see
EPIC: Domestic Drones.
(Jun. 30, 2014)

The Court of Appeals for the Second Circuit today
made public the legal analysis justifying the Administration's controversial "targeted killing" drone program. The action follows an earlier ruling by the federal appeals court in
New York Times v. Department of Justice. The government had argued that this memo could not be disclosed under the Freedom of Information Act because it was a privileged "deliberative" document. But the plaintiffs explained that the government relied on the analysis to defend the program and that it operated as secret law. EPIC filed an
amicus brief, supported by seven open government organization, arguing that under the FOIA such a legal opinion by the Justice Department cannot be a deliberative documents. The federal appeals court agreed, and has now released the opinion to the public. Last week, in
EPIC v. NSA the Department of Justice released to EPIC NSPD-54, the President Directive concerning cybersecurity. For more information, see
EPIC: New York Times v. DOJ and
EPIC v. DOJ - Warrantless Wiretapping Program.
(Jun. 23, 2014)

Over a dozen news media organizations filed an
amicus brief opposing the Federal Aviation Administration's ban on commercial drones. The ban was
suspended earlier this year by an administrative judge. The news organizations argue that the ban violates the media’s First Amendment right of the press, however the rule concerns public safety not the content of speech or the identity of the speaker. EPIC, joined by over 100 organizations, previously
petitioned the Federal Administration Agency to address the privacy issues raised by drones and the Agency
agreed to do so. In response to a
request for public comments last year, EPIC
urged the Federal Aviation Administration to mandate minimum privacy standards for drone operators. For more information, see
EPIC: Domestic Drones.
(May. 13, 2014)

A
national survey conducted by Pew Research Center and Smithsonian Magazine find the American public optimistic about revolutions in health science and transportation, and concerned about technologies of surveillance. According to the survey, 63% of Americans think it would be a change for the worse if "personal and commercial drones are given permission to fly through most U.S. airspace," while 22% think it would be a change for the better. And 65% expressed concern about increased dependence on robots. Similarly, 53% of Americans think it would be a change for the worse if most people wear implants or other devices that constantly show them information about the world around them. Women are especially wary of a future in which these devices are widespread. Google Glass, an example of such technology, has come under scrutiny from
Data Protection authorities as well as
Congress. EPIC, joined by 100 other organizations and experts,
petitioned the Federal Aviation Administration to address public concerns about privacy and drones. For more information, see
EPIC: Google Glass and Privacy and
EPIC: Domestic Drones.
(Apr. 21, 2014)

A federal judge has
ruled that commercial drones are legal, stating that the Federal Aviation Administration has not issued an enforceable regulatory rule that governs commercial drone operation. The FAA
plans to appeal the decision. In 2012, Congress told the Agency to implement a plan to integrate drones into the National Airspace by 2015. Shortly after, EPIC joined by over 100 other organizations, experts, and members of the public
petitioned the FAA to address privacy as part of the integration. As a result, the Agency published a
notice with proposed privacy requirements for drone operators. EPIC submitted
comments in response to the notice, urging the Agency to mandate minimum privacy standards for drone operators. After considering numerous public comments on the privacy impact of aerial drones, the FAA proposed a
regulation that requires test site operators to develop privacy policies but does not require any specific baseline privacy protections. Several states have passed drone privacy laws and bills are also pending in Congress. For more information, see
EPIC: Domestic Drones.
(Mar. 10, 2014)

A new Department of Defense report
"Unmanned Systems Integrated Roadmap" sets out "a technological vision for the next 25 years" of drone deployment. The DOD report suggests that budgets cuts are increasing the need for autonomous drones with onboard intelligence. One
documentary describes the role of the the Department of Defense developing sophisticated surveillance technologies. The new DOD report states that surveillance is one of the primary purposes for pursuing drone technology, particularly for "surveillance missions that involve prolonged observation." An EPIC FOIA request revealed that domestic drones deployed by the Department of Homeland Security can be deployed with the ability to intercept electronic communications and to recognize individuals on the ground. EPIC has
recommended privacy safeguards to limit drone surveillance in the United States. For more information, see
EPIC: Domestic Unmanned Aerial Vehicles and Drones.
(Jan. 7, 2014)

In a
press release, the Federal Aviation Administration announced the
"roadmap" for the integration of drones into domestic airspace. After considering numerous public comments on the privacy impact of aerial drones, the FAA proposed a
regulation that requires test site operators to develop privacy policies but does not require any specific baseline privacy protections. The FAA rulemaking came about in response to an
extensive petition submitted by EPIC, broadly supported by civil liberties organizations and the general public. EPIC
urged the agency to require adherence to the Fair Information Practices, disclosure of data collection and minimization practices, and independent audits. For more information, see
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(Nov. 11, 2013)

The Federal Aviation Administration has
responded to an
EPIC FOIA Request seeking documents related to applications to fly drones domestically. The FAA provided a
list of nearly 200 entities within the Department of Defense, the Department of Homeland Security, the Department of Justice, and state and federal law enforcement agencies. The FAA further responded to EPIC's request for information by making the drone licenses, or "certificates," available on a
public portal. EPIC has
called on the FAA to maintain a searchable database of all drone operators as the Agency seeks to expand domestic drone use. For more information see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Oct. 2, 2013)

Senator Rand Paul issued a
letter to FBI Director Robert Mueller seeking answers about the FBI's domestic use of drones. In a Senate Judiciary Committee
hearing on FBI oversight, Director Mueller admitted that the FBI uses drones for domestic surveillance. Mueller also stated there were no guidelines in place to regulate the FBIs use of drones and protect the privacy of Americans. EPIC
petitioned the Federal Aviation Administration last year to conduct a public rulemaking to address the threat to privacy and civil liberties the domestic use of drones pose. EPIC also
petitioned the Bureau of Customs and Border Protection this year to establish privacy regulations for its use of drones. For more information, see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Jun. 21, 2013)

Numerous organizations across the political spectrum have
urged Congress to reduce the error rate for the employment verification system "E-Verify". A bill now pending in Congress will mandate employer verification of an all employees’ eligibility to work in the United States. In
testimony before Congress in 2007, EPIC warned of inaccurate employment determinations in the E-Verify system. EPIC also cautioned against straining the resources of the Social Security Administration and the aggregation of employment data into a central location. In June 2011, EPIC filed
commentsJellypop Boot Distress Stone Small Slouch Women's Chandler pwpCxRPBq with the Department of Homeland Security in opposition of the proposed expansion of E-Verify. For more information, see
EPIC: E-Verify and Privacy and
EPIC: Spotlight on Surveillance - E-verify System.
(May. 9, 2013)

EPIC has submitted
comments to the Federal Aviation Administration, urging the agency to mandate minimum privacy standards for drone operators. In 2012, Congress
told the Agency to implement a comprehensive plan to integrate drones into the National Airspace. Shortly after, EPIC, joined by over 100 other organizations, experts, and members of the public,
petitioned the agency to address privacy in the integration process. EPIC's petition noted, "drones greatly increase the capacity for domestic surveillance." In February 2013, the Agency
responded to EPIC's petition,
announcing it would "address [privacy issues] through engagement and collaboration with the public." As a result, the FAA published a
Notice with proposed privacy requirements for drone operators. EPIC recommended that the FAA mandate the proposed privacy standards, which are based on Fair Information Practices, and maintain a public database of all drone operators. For more information, see
EPIC: Domestic Unmanned Aerial Vehicles and Drones.
(Apr. 23, 2013)

Congressman Markey has
introduced the
"Drone Aircraft Privacy and Transparency Act of 2013." The Bill sets out comprehensive transparency requirements for drone operators to protect privacy from unregulated drone surveillance. Under the terms of the bill, drone operators would be required to submit a detailed data collection and data minimization statement prior to obtaining a license to operate drones in the United States. The bill also states that surveillance by law enforcement agencies will require a warrant or extreme exigent circumstances.Congressman Markey said that privacy legislation is necessary to "prevent flying robots from becoming spying robots." For more information, see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Mar. 19, 2013)

Amie Stepanovich, the Director of EPIC's Domestic Surveillance Project, will testify this week before the
Senate Judiciary Committee on
"the Future of Drones in America." The hearing will feature expert testimony from EPIC Advisory Board member Professor Ryan Calo. Documents recently obtained by EPIC under the Freedom of Information Act indicate that the Bureau of Customs and Border Protection has deployed drones in the United States with the ability to intercept electronic communication and to identity human targets. As a consequence, EPIC has launched a
petition urging the agency to suspend the drone program pending the establishment of comprehensive privacy regulations. Following a similar petition from EPIC, the FAA
recently agreed to establish privacy rules for drone deployment. For more information, see
EPIC: Domestic Unmanned Aerial Vehicles and Drones.
(Mar. 18, 2013)

New
records obtained by EPIC under the Freedom of Information Act indicate that the
Bureau of Customs and Border Protection is operating drones in the United States capable of intercepting electronic communications. The records also
suggest that the ten Predator B drones operated by the agency have the capacity to recognize and identify a person on the ground. Approximately, 2/3 of the US population is
subject to surveillance by the CBP drones. The documents were provided in response to a
request from EPIC for information about the Bureau's use of drones across the country. The agency has made the Predator drones available to other federal, state, and local agencies. The records obtained by EPIC raise questions abut the agency's compliance with federal privacy laws and the scope of domestic surveillance. For more information, see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Feb. 28, 2013)

The Department of Homeland Security has
released a previously internal
memo regarding the establishment of a working group to "Safeguard Privacy, Civil Rights, and Civil Liberties in the Department's Use and Support of Unmanned Aerial Systems" (drones). The memo states, "[t]he overarching goal of the working group is to determine what policies and procedures are needed to ensure that protections for privacy, civil rights, and civil liberties are designed into DHS and DHS-funded [drone] programs." DHS has developed a
program to explore the expansive use of small drones for law enforcement. Customs and Border Protection currently
operates 10 Predator B drones in the United States. In
testimony before Congress in July 2012, EPIC said that federal agencies operating drones should adopt privacy regulations. For more information, see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Feb. 21, 2013)

Congressman Poe (R-TX) and Congresswoman Zoe Lofgren (D-CA) have
introduced the
"Preserving American Privacy Act of 2013," targeted at providing individual privacy protections in regard to drone surveillance. The
bill would require all drone operators to submit a public data collection statement that includes a description of the drone's purpose and intended operations. The bill also would require a warrant in order for drone surveillance information to be received as evidence and includes a ban on equipping drones with
firearms. EPIC has twice (
1,
2) asked Congress to protect individual privacy against increased use of domestic drones. EPIC, joined by over 100 organizations, experts, and members of the public,
petitioned the FAA to establish privacy safeguards. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Feb. 15, 2013)

Oregon became the most recent state to consider limits on the deployment of drones in the United States. A new
bill sets out licensing requirements for drone use in Oregon and would fine those who use unlicensed drone to conduct surveillance. New limitations are also proposed for federal evidence collected by drone use in a state court.
Florida,
North Dakota, and
Missouri are among the other states that are also considering laws that limit drone use within their jurisdiction. For more information, see
Urethane BalaMasa Womens Ballet Toe On Low Uppers Pointed Pull Silver Flats Cut q8x1nwSfq.
(Feb. 7, 2013)

A new report[ from the Congressional Research Service --
"Integration of Drones into Domestic Airspace: Selected Legal Issues" -- states that "perhaps the most contentious issue concerning the introduction of drones into U.S. airspace is the threat that this technology will be used to spy on American citizens." Last year, EPIC
warned Congress that "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has
petitioned the Federal Aviation Administration to begin a rule making to establish privacy safeguards. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Jan. 31, 2013)

On January 15, 2013 EPIC hosted "Drones and Domestic Surveillance," at the
National Press Club in Washington, DC. The symposium brought together experts in law, technology, and public policy to discuss the expanding use of unmanned vehicles in the United States. The event featured
Representative Ted Poe (R-TX) as the keynote speaker and was moderated by EPIC's Executive Director, Marc Rotenberg. Congressman Poe announced his plans to introduce a bill in 2013, co-sponsored by Congresswoman Zoe Lofgren (D-CA) to protect privacy against increased drone use.
Panelists at the event included technologist Bruce Schneier, privacy scholars Laura Donohue and Orin Kerr, CATO fellow Julian Sanchez, EPIC's Amie Stepanovich, and Gretchen West of
AUVSI. EPIC, and a coalition of experts and organizations, have petitioned the Federal Aviation Administration to develop privacy regulations for drone use. For more information, see
EPIC: Drones and Domestic Surveillance and
EPIC: Domestic Unmanned Aerial Vehicles (UAVs) and Drones.
(Jan. 15, 2013)

Representative Ed Markey (D-MA) has
introduced the
Drone Aircraft Privacy and Transparency Act. The bill calls for the Federal Aviation Administration to complete a report on the privacy implications of domestic drone use. In addition, the bill will require drone operators to submit a data collection and data minimization statement concerning the collection of personally identifiable information. EPIC has twice (
1,
2) asked Congress to protect individual privacy against increased use of domestic drones. EPIC, joined by over 100 organizations, experts, and members of the public,
petitioned the FAA to establish privacy safeguards. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Dec. 18, 2012)

Aviation groups have
asked the Federal Aviation Administration to ignore the privacy implications of increased drone use in the United States. The letter follows the
FAA statement that domestic drones “raises privacy issues [that] will need to be addressed.” Earlier this year, EPIC
warned Congress, "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has
petitioned the FAA to to establish privacy safeguards. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Dec. 7, 2012)

A new
report from the Government Accountability Office outlines the risks of increased domestic drone use -- "Unmanned Aircraft Systems" -- following adoption of a recent
law. The GAO report -- "Measuring Progress and Addressing Potential Privacy Concerns Would Facilitate Integration into the National Airspace System" -- notes
widespread concern about privacy. The GAO report found that privacy "concerns include the potential for increased amounts of government surveillance using technologies placed on UAS, the collection and use of such data, and potential violations of constitutional Fourth Amendment protections against unreasonable search and seizures." The report also notes that "non-military unmanned aircraft system GPS signals are unencrypted, risking potential interruption of command and control . . .." Earlier this year, EPIC
warned Congress that "there are substantial legal and constitutional issues involved in the deployment of aerial drones by federal agencies." EPIC, joined by over 100 organizations, experts, and members of the public, has
petitioned the FAA to begin a rule making to establish privacy safeguards. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Sep. 24, 2012)

The
2012 Republican Party Platform advocates Fourth Amendment limits on government drones. “We support pending legislation to prevent unwarranted or unreasonable governmental intrusion through the use of aerial surveillance or flyovers on U.S. soil, with the exception of patrolling our national borders.” Senator Rand Paul (R-KY) and Representative Austin Scott (R-GA),
introduced legislation earlier this year to limit aerial drone surveillance. In March, the House approved an
amendment to the National Defense Authorization Act of 2013, introduced by Representative Landry (R-LA), that prohibits information collected without a warrant by drones operated by the Department of Defense from being used in court. Congressman Ed Markey (D-MA) has also
proposedcomprehensive legislation for drones. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Aug. 28, 2012)

Representative Ed Markey (D-MA) has
announced a bill aimed at protecting individual privacy from drone surveillance. Rep. Markey said, "When it comes to privacy protections for the American people, drones are flying blind." The
draft bill requires the FAA to establish privacy safeguards for drone operators and creates new limits on data collection by law enforcement agencies. Earlier this year, EPIC, joined by over 100 organizations, experts, and members of the public,
petitioned FAA to begin a rulemaking on the privacy impact of drone use. For more information, see
EPIC: Unmanned Aerial Vehicles (UAVs) and Drones.
(Aug. 1, 2012)

EPIC has
appealed a denial of a Freedom of Information Act request that sought records concerning the sale of surveillance technology by U.S. companies to repressive regimes like Syria and Yemen. "The failure to adequately justify the claim that no segregable portions of records exist violates FOIA, especially given the past practice of releasing aggregate data in response to substantially similar requests," the appeal states. EPIC also filed a
Social Shoes Meijunter Modern Women Hollow Dance Latin Ballroom Dancing Breathable Shoes cIqAa5qrT to the Department of Commerce seeking records related to the agency's investigation of companies like Blue Coat Systems, which sold surveillance devices to Syria. Recently, President Obama signed an
executive order authorizing U.S. officials to impose sanctions against persons involved in the use of information and communications technology to facilitate human rights abuses in Syria and Iran. For more information, see
EPIC: Freedom of Information Act.
(Apr. 27, 2012)

Through a Freedom of Information Act
request, EPIC has obtained
documents from the Department of Homeland Security about a secretive "pre-crime" detection program. The "Future Attribute Screening Technology" (FAST) Program gathers "physiological measurements" from subjects, including heart rate, breathing patterns, and thermal activity, to determine "malintent." According to the documents obtained by EPIC, the agency is considering the use of the device at conventions and sporting events, and has already conducted field testing. CNET first reported on the
EPIC FOIA request. For more information, see:
EPIC: Future Attribute Screening Technology Project.
(Oct. 7, 2011)

EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a
statement to the Department of Homeland Security. The group opposed proposed changes to the Watchlist Service, a secretive government database filled with sensitive information. The agency has
solicited comments on the program, which entails developing a real-time duplicate copy of the database and expanding the groups and personnel with immediate access to the records. The groups focused on the security and privacy risks posed by the new system, as well as The Privacy Act. Passed by Congress in 1974, the Act requires DHS to notify subjects of government surveillance in addition to providing a meaningful opportunity to correct information that could negatively affect them. EPIC has
testified before Congress and published a
"Spotlight on Surveillance" report about the Watchlist program. For more information, see
EPIC: Secure Flight and
EPIC: Passenger Profiling.
(Aug. 5, 2011)

According to the newly released
2009 Wiretap report, federal and state courts issued 2,376 orders for the interception of wire, oral or electronic communications in 2009, up from 1,891 in 2008, an increase of more than 25%.
U.S. Courts Press release.) As in the previous four years, no applications for wiretap authorizations were denied by either state or federal courts. With the exception of 2008, the total number of authorized wiretaps has grown in each of the past seven calendar years, beginning in 2003. The 2009 Wiretap Report does not include interceptions regulated by the
Foreign Intelligence Surveillance Act or interceptions approved by the President outside the exclusive authority of the federal wiretap law and the FISA. See
EPIC Wiretapping and
EPIC Title III Order Statistics.
(May. 3, 2010)

The European Privacy Seal (EuroPriSe) has been awarded to two privacy services, following a review by privacy experts and an independent body. The first EuroPriSe was awarded to German company nugg.ad's Predictive Targeting Networking service, an online advertising service that follows principles of data avoidance and minimization by not maintaining multi-website tracking profiles, deleting IP address records, and offering a blocking cookie for users to opt out. The second certification was awarded to Austrian company Kiwi Security's KiwiVision Privacy Protector, a software module that performs real-time anonymization of video data by obfuscating faces, license plates, and other identifying imagery. For more on Privacy Enhancing Technologies, see EPIC Practical Privacy Tools.

(Sep. 11, 2009)

The Department of Homeland Security released a
Privacy Impact Assessment for searching electronic devices possessed by travelers, including US citizens, at US borders. The agency determined that laptops and cell phones are equivalent to briefcases and backpacks and granted itself broad authority to seize these devices from travelers and to copy stored data whether or not wrongdoing is suspected. The DHS policy fails to comply with the intent of the federal
Privacy Act and leaves US citizens returning to the United States subject to surveillance by government and an enhanced risk of identity theft. See
EPIC Traveler Privacy.
(Aug. 28, 2009)

Attorney General Eric Holder
announced that the Department of Justice will make public
memos and opinions concerning warrantless surveillance, and other controversial claims of Presidential authority, that were prepared in the wake of 9/11. The documents describe
the legal basis for President Bush's domestic surveillance program. After learning of the warrantless wiretap program, EPIC sued the Department of Justice under the
Freedom of Information Act to compel disclosure of legal memos concerning the program. Government lawyers subsequently
disavowed the justifications for the warrantless surveillance. For more, see EPIC's "
National Security Agency's Warrantless Surveillance Program" page.
(Mar. 3, 2009)

EPIC's work on the issue of domestic surveillance includes the following subject areas:

Drones raise significant privacy issues because of their ability to conduct aerial surveillance. Drones can carry a number of different surveillance equipment that can gather detailed information on individuals.

Agency Comments

Additional Resources

Police body cameras are meant to combat police abuse and provide a mechanism for accountability of police officers. But, the devices raise serious privacy issues as they point outwards, towards the public capturing our public movements and already law enforcement is looking to expand the uses beyond police accountability by adding facial recognition capabilities.

Opaque, automated decision making by algorithms undermines our privacy and freedom of association. Our social connections and online activities are used by the government and companies to make determinations about our ability to fly, obtain a job, a clearance, etc.

Featured Pages

FOIA

Agency Comments

Approaches to cybersecurity that provide liability protection for companies to disclose more user information to the government raise significant privacy issues. It allows the government to obtain information that includes personally identifiable information from companies without judicial review.

Amicus

FOIA

Agency Comments

The government deploys a number of technologies and programs to screen passengers and track their travels in the name of national security. Travelers are screened by privacy evasive technologies like body scanners and the government collects information on passengers every time they fly.

FOIA

Additional Resources

Public surveillance takes many forms--from license plate readers gathering data on passing cars, to closed-circuit TVs monitoring every passerby. Advancing technology is eroding the privacy in public we once enjoyed.